Landrum v. Goering

The plain language of Kan. Stat. Ann. 22-4508 permits privately retained counsel to pursue funding for certain services through the State Board of Indigents’ Defense Services (BIDS) so long as the defendant is financially unable to obtain investigative, expert, or other services necessary to an adequate defense.Petitioner, who was charged with first-degree murder, moved to be declared, through his retained counsel, partially indigent. The district court judge declared Petitioner partially indigent. When Petitioner presented the new presiding criminal judge of the district court with a request for a transcript, the judge denied the request, concluding that an indigent defendant may only access BIDS for payment of expenses associated with his defense through appointed counsel. The Supreme Court granted Petitioner’s petition for writ of mandamus in part and directed the district court to hold an ex parte hearing on Petitioner’s requests for investigative, expert, or other services under section 22-4508 and determine whether those services were necessary to an adequate defense, holding that the judge had a duty, despite Petitioner’s representation by retained counsel, to hold such a hearing. View "Landrum v. Goering" on Justia Law